logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.02 2018구단1643
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 25, 2016, the Plaintiff filed an application for refugee status with a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).

B. On March 2, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff did not constitute a person with a sufficient well-founded fear that the Plaintiff would be injured.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 7, 2017, but the Minister of Justice dismissed the objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked in cement manufacturing company at Egypt and had a gap between two employees and two business monetary issues, and was threatened with the Plaintiff on September 1, 2016.

If the plaintiff returned to Egypt, he/she may be killed from the foregoing workplace rent, so the plaintiff shall be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” According to the above legal provision, in order to be recognized as a refugee, he/she can be deemed as gambling on the ground that the applicant’s assertion itself constitutes “human race, religion, nationality, status as a member of a specific social group, or political opinion” of the applicant.

arrow